Legal Question in Landlord & Tenant Law in Georgia
I live in Georgia. I am a renter. I paid my apartment complex on time, and I am being charged a late fee, because someone did not post the payment on time. They say it is because the account number on my ET check was incorrect. I have proof that they received it on time as our lease states, but they refuse to remove the 'late' fee. Is this legal? Is there anything I can do?
2 Answers from Attorneys
If you believe they are improperly charging you, then you can go to Magistrate's Court (small claims) and request a Court order preventing your landlord from collecting the late fee. Whether you would be successful in such an action depends on the terms of your lease.
In the future, consider paying your rent in person and obtaining a date-stamped copy/receipt of your payment from the office with a signature attesting to the time/date of payment. This will prevent future confusion.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******
Magistrate Cours do not enter orders declaring no money is due - they are suits to collect money. It would also ost more than the late fee, plus your time and starting a legal war with the landlord. The landlord may respond with a dispossessory which would not look good for you even if you won.
Otherwise, you fail to provide enough facts - just a vague comment about "vague number on my ET check."
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